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Plant Varieties - Nador Cott Protection v ASDA

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  Jane Lambert Patents Court (Mr Justice Mellor) Nador Cott Protection SAS v Asda Stores Ltd and another [2026] EWHC 553 (Pat) (12 March 2026) This was a claim by Nador Cott Protection SAS against ASDA Stores Ltd, and International Procurement and Logistics Ltd. for the alleged infringement of Plant Breeders' Right number 28016 by importing    Tang Gold oranges into the UK and retailing them to the British public.  The action came on for trial before Mr Justice Mellor on 25 and 26 Nov 2025.  By para [359]  of his judgment in  Nador Cott Protection SAS v Asda Stores Ltd and Another [2026] EWHC 553 (Pat), which he handed down on 12 March 2026, the learned judge dismissed the action. Issues His lordship set out the issues in the trial as follows: whether the Tang Gold fruit was a dependent variety of Nador Cott's ("the dependent variety issue"), and if it was whether Nador Cott Protection had lost its right of action because it  had  a rea...

Trade Marks - Wang Zeng International Ltd v Bing Bing Foods Ltd

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  Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)   Wang Zeng International Ltd v Bing Bing Foods Ltd and others [2026] EWHC 360 (IPEC) (20 Feb 2026) This was an action for trade mark infringement and a counterclaim for revocation or invalidation of the claimant's marks.  The action and counterclaim came on for trial before Her Honour Judge Melissa Clarke on 17 and 18 Nov 2025.  By para [122] of her judgment in  Wang Zeng International Ltd v Bing Bing Foods Ltd and Others [2026] EWHC 360 (IPEC), which she handed down on 20 Feb 2026, the learned judge dismissed the counterclaim and found for the claimant on the claim. The Parties The claimant and first defendant were private companies incorporated in England and Wales with limited liability. In her judgment, Judge Melissa Clarke sometimes referred to the claimant as WZI ("Wang Zeng International Limited") and the first defendant as BBF (" Bing Bing Foods Limited" ).  ...

Remedies for Groundless Threats - Luxe World Ltd v Touch of Vogue Ltd.

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Jane Lambert   Intellectual Property Enterprise Court (His Honour Judge Hacon) Luxe World Ltd v Touch of Vogue Ltd and another [2026] EWHC 148 (IPEC) (30 Jan 2026) S.26C (1) of the Registered Designs Act 1949 provides that proceedings in respect of an actionable threat may be brought against the person who made the threat for— (a) a declaration that the threat is unjustified; (b) an injunction against the continuance of the threat; (c) damages in respect of any loss sustained by the aggrieved person by reason of the threat. An "actionable threat" in this context means a threat to sue for infringing a registered design. S.26A (1) states that a threat of infringement proceedings made by any person is actionable by any person aggrieved by such a threat, subject to the provisions of subsections 26A (2) to (5). S.26 (1) adds that a communication contains a “threat of infringement proceedings” if a reasonable person in the position of a recipient would understand from the comm...

Copyright - Edozo Ltd v Valos (UK) Ltd,

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The Rolls Building , L ocation of the Intellectual Property Enterprise Court Author Muhammad Karns, Judicial Office X feed Licence CC BY-SA 4.0 Source Wikimedia Commons   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Edozo Ltd v Valos (UK) Ltd [2026] EWHC 93 (IPEC) (21 Jan 2026) This was an application by the claimant to strike out parts of the defendant's defence and counterclaim. The claimant had brought proceedings for a declaration of non-infringement of copyright, while the defendant counterclaimed for relief from infringement.     The claimant's application came before His Honour Judge Hacon on 15 Jan 2026.  By para [61] of his judgment in  Edozo Ltd v Valos (UK) Ltd [2026] EWHC 93 (IPEC) (21 Jan 2026), His Honour acceded to the application. The Parties The claimant was Edozo Ltd ( "Edozo" ) and the defendant was Valos (UK) Ltd . (" Valos ").  The judge described Edozo and Valos as "competitors in a market which...

Joint Copyright - Boghossian v IOP Publishing

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By Taner Yildirim ( The National Institute of Standards and Technology - NIST ) -  Public Domain ,  Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)  Boghossian v IOP Publishing Ltd .  [2025] EWHC 3317 (IPEC) (17 Dec 2025) This was an action for copyright infringement brought by  Ardemis Boghossian ("Prof Boghossian")  against  IOP Publishing Limited ("IOP"), the publishing arm of the Institute of Physics  and publisher of the journal Nanotechnology .  Prof Boghossian claimed joint ownership of the copyright in a paper which IOP published in Nanotechnology in the names of Dejan M Djokic ("Dr Djokic") and  Aranya Goswami ("Mr Goswami") on 23 Oct 2017.  IOP brought Part 20 proceedings against Dr. Djokic seeking an indemnity or contribution in case Prof Boghossian's claim succeeded. The Parties Prof Boghossian was a chemical engineer and research scientist. In 2015, she was an Assistant Profe...